Centre for Internet and Society

#NAMApolicy on Online Content Regulation

Admin — 2018-05-05T01:52:21Z

Swaraj Barooah attended the #NAMApolicy on Online Content Regulation organized by Media Nama at India Habitat Centre in New Delhi on May 3, 2018.

Agenda

01:30 p.m. - 03:00 p.m.: Panel #1 & Open House - News

03:00 p.m. - 03:15 p.m.: Tea break

03:15 p.m. - 04:45 p.m.: Panel #2 & Open House - Entertainment

04:45 p.m. - 05:15 p.m.: Remaining issues

05:15 p.m. - 06:00 p.m.: High-tea

01:30 p.m. - 03:00 p.m.: Panel #1 & Open House - News03:00 p.m. - 03:15 p.m.: Tea break03:15 p.m. - 04:45 p.m.: Panel #2 & Open House - Entertainment
04:45 p.m. - 05:15 p.m.: Remaining issues
05:15 p.m. - 06:00 p.m.: High-tea

For more details visit https://cis-india.org/internet-governance/news/namapolicy-on-online-content-regulation

A look at two problematic provisions of the draft Anti-trafficking bill

swaraj — 2018-08-18T09:21:55Z

This post examines two badly drafted provisions of the new Anti-Trafficking bill that have the potential to severely impinge upon the Freedom of Expression, including through a misunderstanding of intermediary liability.

On 28 Feb 2018, the Union Cabinet approved ‘The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018’ (‘the bill’) for introduction to the Parliament. This comes after a series of consultations on an earlier 2016 draft bill, that had faced its fair share of criticism. As per the Press Information Bureau announcement, the Ministry of Women and Child Development met with various stakeholders including 60 NGOs and have incorporated many of the suggestions put forth. They’ve also stated that ‘the new law will make India a leader among South Asian countries to combat trafficking.’

However, at first glance, there appear to be several issues with overbroad or vague language used in the drafting of the bill, that stretch it into potentially problematic areas. This current post will focus on two such provisions that could lead to a deleterious effect on the Freedom of Expression. As the bill is currently not publicly available, a stakeholder’s copy of the draft is being used to source these provisions. The relevant sections have been reproduced below for convenience. (Emphasis in bold is as provided by the author).

Section 39: Buying or Selling of any person

39. (l) Whoever buys or sells any person for a consideration, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees.

(2) Whoever solicits or publicises electronically, taking or distributing obscene photographs or videos or providing materials or soliciting or guiding tourists or using agents or any other form which may lead to the trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years, and shall also be liable to fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.

The grammatical acrobatics of section 39(2) aside, this anti-solicitation provision is severely problematic in that it mandates punishment even for a vaguely defined action or actions that may not actually be connected to the trafficking of a person. In other words, the provision doesn’t require any of the actions to be connected to trafficking in their intent or even outcome, but only in potential connection to the outcome. At the same time, it says these ‘shall’ be punished!

This vagary that ignores actual or even probabilistic causation flies in the face of standard criminal law which requires mens rea along with actus rea. The excessively wide scope of this badly drafted provision leaves it prone to abuse. For example, currently the provision allows the following interpretation to be included: ‘Whoever publicizes electronically, by providing materials in any form, which may lead to trafficking of a person shall be punished…’. Even the electronic publicizing of an academic study on trafficking could fall under the provision as it currently reads, if it is argued that publishing studies that show the prevalence of trafficking ‘may lead to the trafficking of a person’! It is not hard to imagine that an academic study that shows trafficking numbers at embarrassingly high rates could be threatened with this provision. Similarly, any of our vast number of self-appointed moral guardians could also pull within this provision any artistic work that they may personally find offensive or ‘obscene’. Simply put, without any burden of showing a causal connect, it could be argued that anything ‘may lead’ to the trafficking of a person. Needless to say, this paves the way for a severe chilling effect on free speech, especially on critical speech around trafficking issues.

Section 41: Offences related to media

41. (l) Whoever commits trafficking of a person with the aid of media, including, but not limited to print, internet, digital or electronic media, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to fine which shall not be less than one lakh rupees.

(2) Whoever distributes, or sells or stores, in any form in any electronic or printed form showing incidence of sexual exploitation, sexual assault, or rape for the purpose of exploitation or for coercion of the victim or his family members, or for unlawful gain shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupees.

The drafters of this bill have perhaps overlooked the fact that unlike the physical world, the infrastructure of the electronic / digital world requires 3rd party intermediaries to handle information during most forms of electronic activities, whether it is transmission, storage or display. As it is not feasible, desirable or even practically possible for intermediaries to verify the legality of every bit of data that gets transferred or stored by the intermediary, ‘safe harbours’ are provided in law for intermediaries, protecting them from liability of the information being transmitted through them. These ensure that entities that act as architectural requirements and intermediary platforms are able to operate smoothly and without fear. If intermediaries are not granted this protection, it puts them in the unenviable position of having to monitor un-monitorable amounts of data, and face legal action for the slip-ups that are bound to happen regularly. Furthermore, there are several levels of free speech and privacy issues associated with having multiple gatekeepers on the expression of speech online. A charitable reading of the intent of a provision which does not recognise safe harbours for 3rd party intermediaries, would be that the drafters of the bill have simply not realised that users who upload and initiate transfer of information online, are not the same parties who do the actual transmission of the information.

Distribution, selling or storing of information online would require the transmission of information over intermediaries, as well as the temporary storage of such information on intermediary platforms. In India, intermediaries engaging with transmission or temporary storage of information are provided safe harbour[1] by Section 79 of the Information Technology Act, 2000 (‘IT Act’), so long as they:

(i) act as a mere ‘conduit’ and do not initiate the transmission, select the receiver of the transmission, or select or modify the information contained in the transmission.

(ii) exercise due diligence while discharging duties under this Act, and observes other guidelines that the Central Government may prescribe.

The Information Technology (Intermediary Guidelines) Rules, 2011, list out the nature of the due diligence to be followed by intermediaries to claim exemption under Section 79 of the IT Act.

Intermediaries will not be granted safe harbour if they have conspired, abetted, aided or induced commission of the unlawful act, or if they do not remove or disable access to information upon receiving actual knowledge, or notice from the Government, of the information that is transmitted or stored by the intermediary being used for unlawful purposes.

Thus it can be seen that the IT Act already provides an in-depth regime for intermediary liability, and given its non-obstante clause which states that Section 79 of the IT Act would apply “Notwithstanding anything contained in any law for the time being in force” , as well as the reiteration of the IT Act’s overriding effect via Section 81, which states that the provisions of the Act ‘shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force’ (barring the exercise of copyright or patent rights), it is generally considered the appropriate legal framework for this issue. However, it appears that the drafters of the 2018 Anti-trafficking bill have not considered this aspect at all, since they have not referenced the IT Act in this context in the bill, and have additionally added their own non-obstante clause in Section 59 of the bill:

59. The provisions of this Act, shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.

So the regime as prescribed by the IT Act allows for safe harbours, whereas the regime as prescribed by the Anti-Trafficking bill does not allow for safe harbours, and both say that they would an overriding effect for any conflicting law. This legislative bumble could potentially be solved by using the settled principle that a special Act prevails over a general legislation. This is still a little tricky as they are technically both special Acts. It could be argued that given the context of the Anti-trafficking bill as focusing on trafficking, and the context of the IT Act focusing on the interface of law and technology, that for the purposes of Section 41(2) of the Anti-trafficking bill, the IT Act is the special legislation. And thus Section 79 of the IT Act should make redundant the relevant portion of Section 41(2) of the Anti-trafficking bill. This reading would require the bill to be modified so as to remove the redundancy and the conflicting portion of Section 41(2).

[1] In 2016, a division bench of the Delhi High Court held in the case of Myspace Inc vs Super Cassettes Industries Ltd that a safe harbour immunity for intermediaries was necessary as it was not technically feasible to pre-screen content from third parties, and that tasking intermediaries with this responsibility could have a chilling effect on free speech, It held that their responsibility was limited to the extent of acting upon receiving ‘actual knowledge’. Earlier, in determining what ‘actual knowledge’ refers to, in 2015 the Supreme Court of India in the landmark case of Shreya Singhal vs Union of India, required this to be in the form of a notice via a court or government order. Thus under our current law, intermediaries are granted a safe harbour from liability so long as they act upon court or government orders which notify them of content that is required to be taken down.

Clarification (18th August, 2018): A letter sent to the Ministry of Women and Child Development mentioned the Centre for Internet & Society as instituionally endorsing a critique of the The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. We seek to clarify that the Centre for Internet & Society did not endorse the letter to the Ministry.

For more details visit https://cis-india.org/internet-governance/blog/a-look-at-two-problematic-provisions-of-the-draft-anti-trafficking-bill

Freedom of Expression on the Internet : Possibilities and Challenges

praskrishna — 2017-07-09T02:30:32Z

Sharat Chandra Ram was a speaker at an international seminar organized by Bolivar Technological University, Cartagena in Colombia on June 29, 2017. The theme of the seminar was ‘Freedom of Expression on the Internet : Possibilities and Challenges”.

For more info on the event, click here

For more details visit https://cis-india.org/internet-governance/news/freedom-of-expression-on-the-internet-possibilities-and-challenges

Stockholm Internet Forum 2017

praskrishna — 2017-06-06T13:43:25Z

Elonnai Hickok participated in the Stockholm Internet Forum 2017 held in Stockholm from May 15 to 18, 2017. She spoke on the panel "Private sector and civil society collaboration to advance freedom online". The event was organized by Swedish International Development Cooperation Agency.

Pre-SIF 15 May at Sida HQ

Welcoming and informal lunch at Sida 12.00 – 14.00 (Location: Oasen)

Pre-SIF regional sessions: 14.00 – 17.00 (breaks included)

MENA: Access, power and gender (Location: Hörsalen)

AFRICA: Inequality and the digital revolution in Africa (Location: Oasen)

LATIN AMERICA: Human rights and technology in Latin America: Where to from here? (Location: Room 19, Asante)

EURASIA: Media freedom and fact checking practices (Location: Room 18, Djenné)

SOUTH EAST ASIA: Regional internet freedom unconference (Location: Room 23, Quirigua)

STUDY VISIT: Kista Science City

Mingle: 17.00 – 18.00

Dinner: 18.00 – 20.00

Pre-SIF 16 May at Sida HQ

Welcome and framing access and power 09.00 – 11.30 (break included, location: Oasen)

Pre-SIF Parallel sessions: 11.30 – 13.00

1A From divides to dividends – DDP and SDG17 (Location: Oasen)

1B Online threats: Operational response and kick-ass solutions (Location: Hörsalen)

Mingle and lunch: 13.00 – 15.00 (Location: Oasen)

Pre-SIF Parallel sessions: 15.00 – 17.00

2A Financial services in a digital era: Development, livelihoods and privacy (Location: Oasen)

2B Responsible data forum: Open source investigation for human rights (Location: Hörsalen)

Mingle: 17.00 – 18.00

Dinner: 18.00 – 20.00

SIF 17 May at Münchenbryggeriet

Opening and main session 1: 9.00 – 11.00 (Location: Mässhallen)

Welcoming remarks by Sida Director General Lennart Båge

Speech by Swedish Minister of Culture and Democracy Alice Bah Kuhnke

Main session 1: Equal access – Distributed power

The theme of SIF 2017 is “Access and Power” – a duality that can be analysed in many different ways. It is not enough to have access to the Internet, ICT’s and digital tools to achieve social justice and development outcomes. The question of what people have access to and what possibilities access gives also needs to be addressed. Access to the Internet is more than technical aspects and solutions – there are also dimensions related to rights, policy and power that need to be addressed.

At SIF we are keen on framing the current struggles and challenges in order to formulate possible ways ahead. One way to approach this is to discuss the co-relation between access and power. The first main session on the various aspects of access and power, is designed to get the conversation started.

Speech by State Secretary Annika Söder 11.00 – 11.15 (Location: Mässhallen)

Coffee break 11.15 – 11.45

Parallel sessions: 11.45 – 13.00

#SIF1A Digital Identity (Location: Mässhallen)

#SIF1B Community access – Helping the last 4 billion get connected (Location: Fogelström)

#SIF1C Gender based violence online: levelling the discussion (Location: Riddarsalen)

Mingle and lunch: 13.00 – 14.00

Parallel sessions: 14.00 – 15.30

#SIF2A OPEN SIF (Location: Mässhallen)

#SIF2B The promises and risks of the platform economy (Location: Fogelström)

#SIF2C The global shut down epidemic – From rights, tech and economic perspective (Location: Riddarsalen)

Coffee break 15.30 – 16.00

Breakout sessions: 16.00 – 17.30

#SIFB1 The (alternative) truth is out there (Location: Mässhallen)

#SIFB2 Private sector and civil society collaboration to advance freedom online (Location: Galleriet)

#SIFB3 Access and human rights in the smart city (Location: Riddarsalen)

#SIFB4 Empowering technologies in hostile environments (Location: Milles)

#SIFB5 Freedom Online Coalition: Open forum (Location: Fogelström)

Reflections and highlights from the day: 17.45 – 18.45

(Location: Mässhallen)

Mingle and Dinner: 19.00 – 21.00

SIF 18 May at Münchenbryggeriet

Welcome and keynote: 09.00 – 09.30 (Location: Mässhallen)

Parallel sessions: 09.30 – 11.00

#SIF3A OPEN SIF (Location: Mässhallen)

#SIF3B Digital rights 2.0: challenges and opportunities to empowerment (Location: Fogelström)

#SIF3C Safe media in conflict and chaos (Location: Riddarsalen)

Coffee break: 11.00 – 11.30

Main session 2: 11.30 – 13.00 (Location: Mässhallen)

A positive outlook: Leave no one offline

Half of the world’s population — specifically women, the poor and marginalised populations in developing countries — are still being left offline. What is needed to reach those still offline?

Beyond access, there are still many obstacles to achieving a digital inclusive society. Access to the Internet, ICT’s and digital tools is not only a catalyst for economic growth but increasingly a means for people to participate in today’s society. Too often access is measured by number of subscribers. This session will address access and power from a multidimensional approach – including infrastructure, affordability and contextual factors such as regulation and social and power structures.

Mingle and lunch: 13.00 – 14.00

Closing session: 14.00 – 15.00 (Location: Mässhallen)

This session will focus on summarizing knowledge and experiences shared at SIF17 and mapping the road ahead – identifying constraints but also opportunities for equal access and Internet freedom in the strive for global development and a digital inclusive society. The closing session will be interactive with the participants being the centre of the discussion.

Side happenings

During breaks you will have the opportunity to develop your digital skills, participate in discussions and expand your knowledge at this year’s side happenings.

16 May at Sida HQ

11.00 – 17.30

New media documentation clinic with Witness

(Location: Room 19 Asante)

11.00 – 17.00

Developing Internet universality indicators with UNESCO and the APC Internet indicators consortium

(Location: Room 21 Tsodilo)

14.30 – 17.30

Local access and community based networks with APC and ISOC

(Location: Djenné)

17 – 18 May at Münchenbryggeriet

All day

Digital security clinic with Access Now

(Location: Mässtorget)

Healing justice pod with Astraea Foundation

(Location: Bergrummet)

For more details visit https://cis-india.org/internet-governance/news/stockholm-internet-forum-2017

World Press Freedom Day 2017

praskrishna — 2017-05-20T02:52:39Z

Udbhav Tiwari represented the Centre for Internet & Society at the World Press Day event organised by UNESCO and the Digital Empowerment Foundation (DEF) at UNESCO House, New Delhi on May 3, 2017.

The event had the release of two reports, one on Violence against Journalists in South Asia and one of Internet Shutdowns in India, with a panel accompanying the last one. The panel was quite interesting, with perspectives from Osama Manzar and a Editor from The Hoot standing out in particular about how social media websites are being used for rapid response governance and how these bans negatively affect those attempts. The agenda for the event is attached to this email.

Click to read about the Internet Shutdown report from the event.

For more details visit https://cis-india.org/internet-governance/news/world-press-freedom-day-2017

Digital native: Free speech? You must be joking!

nishant — 2017-06-08T01:16:01Z

India’s digital landscape is dotted with vigilante voices that drown out people’s right to free speech.

The article was published in the Indian Express on May 14, 2017.

Freedom of speech and expression has always been a tricky issue. While all of us are generally in favour of defending our rights to speak what is in our hearts, we are not equally thrilled about the speech of others that we might not enjoy. While we know that free speech and expression are not absolute — there are blurred lines of things that are offensive, might cause harm, and are directed with malice at different individuals or collectives — we also generally accept that this is a freedom that marks the maturity and sustainability of a stable democratic system.

Thus, even when confronted with speech and expression that might be undesirable: a political view that contradicts ours, an expression of blasphemy or profanity, a voice of dissent that questions the status quo, or an unsavoury information tidbit that mocks at somebody we admire, we generally take it in good stride, and learn to deal and engage with these actions. We do this, because we know that trying to curtail somebody else’s rights to free speech, would eventually restrict our own capacity for it, thus reducing the scope of an engaged and critical society. Especially in countries like India, where everybody has an opinion, where people offer critiques over chai and join heated debates over paan, there’s no denying that we are fond of our rights and capacity to speak
our minds.

However, within Digital India, these things seem to be changing fast. Every day we wake up to the cacophonous clamour of social media to realise that increasingly we are becoming an intolerant society filled with vigilantes bent on stopping people from saying things that we might just not like. In the ongoing saga of shrinking spaces of free speech, we now add the shameful incident at the Embassy of Sweden in India. On May 8, following mass populist trolling and complaints from the Twitteratti, the Embassy disinvited two women print and TV journalists — Swati Chaturvedi and Barkha Dutt — and cancelled their event, ironically, in the honour of World Press Freedom, on the topic of women’s participation in the online public space, to talk about trolls.

I shall wait here for the bitter irony to sink in: two of the strongest women voices in Indian public media, were disinvited to speak from an event where they were to talk about their experience of being trolled, harassed, bullied and intimidated in the newly emerging digital media landscape. Instead of giving them a voice, sharing their experiences, and engaging with their stories, the hypermasculine army of right wing vigilantes who object to these women’s history of critique of the current government and its leaders, decided to show their Twitter might, and celebrated as they succeeded in putting one more nail in the coffin of free and fearless speech in the country.

Some Twitter users went ahead and tagged their favourite leaders — @Narendramodi and @manekagandhibjp. They demanded, using their freedom of voice, to stop others from speaking. Social media networks have often been celebrated as alternative spaces where new, and unexpected voices can express their opinions without the fear of physical retribution or penalisation. While this has been consistently proven wrong by government authorities who have regularly policed, penalised and punished voices of dissent or disfavour, that at least is something we can notice, challenge and contest through legal redressal. However, with this new mob justice where the volume of voices engineered to amplify their disapproval, coupled with threats of violence and economic downfall (the users this time threatened to make a list of Swedish products and boycott them) is a recurring and disturbingly new phenomenon.

Crowds have always had the power to demand and leverage change of their liking. However, on social media, this can take up more sinister forms, because a handful of people through Twitter bots and chat scripts can create the illusion of a hugely amplified voice that can then be used to threaten and restrict the scope of free speech. The mass bullying effect needs a strong counterpoint in the form of better internet governance policies and regulations that nurture safe spaces for the tinier voices to be heard.

At the same time, however, the stifling attempts require another strategy — the need to speak up against such acts of intimidation and silencing, not only from the regular people on the web, but from the officials and leaders who have sworn to protect our constitutional rights. And this is, perhaps, where our leaders are failing us. Because, in an age of hypervisibility, where every step they take is a selfie moment, where every move they make makes it to the headlines, and they take pride in documenting their life in exceedingly boring detail, it creates a deafening silence when the leaders remain mute to the slow dissipation of the rights to free speech and expression by the angry mobs of networked digitality.

For more details visit https://cis-india.org/raw/indian-express-nishant-shah-may-14-2017-digital-native-free-speech-you-must-be-joking

Kashmir: Telecom firms struggle to block 22 banned social media sites

praskrishna — 2017-05-04T02:29:04Z

A BSNL official says engineers are still working on shutting down the 22 social media sites but so far had been unable to do so without freezing the Internet across Kashmir.

The article by Aijaz Hussain was published in Livemint on May 4, 2017. Pranesh Prakash was quoted.

The government has banned 22 social media sites in an effort to calm tensions in parts of the disputed region of Kashmir, after several viral videos depicting the alleged abuse of Kashmiris by Indian law enforcement fuelled protests. But the sites remained online Thursday morning as the local telecom company struggled to block them.

The government said on Wednesday that the restrictions, to be in effect for one month, were necessary for public safety. “It’s being felt that continued misuse of social networking sites and instant messaging services is likely to be detrimental to the interests of peace and tranquillity in the state,” the public order reads.

Pranesh Prakash, policy director for the Indian advocacy group the Centre for Internet and Society, called the ban a “blow to freedom of speech” and “legally unprecedented in India.”

An official with Kashmir’s state-owned telecom company, Bharat Sanchar Nigam Ltd (BSNL), said engineers were still working on shutting down the 22 sites, including Facebook and Twitter, but so far had been unable to do so without freezing the internet across the Himalayan region. The official spoke on condition of anonymity, because he was not authorized to give technical details of the effort to the media.

Meanwhile, 3G and 4G cellphone service has been suspended for more than a week, but the slower 2G service was still running.

Residents in Srinagar, the region’s main city, were busily downloading documents, software and applications onto their smartphones, which would likely be able to circumvent the social media block once it goes into effect. Many expressed relief to still have internet access Thursday morning.

“It was a welcome surprise,” said Tariq Ahmed, a 24-year-old university student. “It appears they’ve hit a technical glitch to block social media en mass.”

While the government has halted internet service in Kashmir in previous attempts to prevent anti-India demonstrations, this is the first time they have done so in response to the circulation of videos and photos showing alleged military abuse.

Others mocked the government. One Facebook post by Kashmiri writer Arif Ayaz Parrey said that the ban showed “the Indian government has decided to take on the collective subversive wisdom of cyberspace humanity.”

Kashmiris have been uploading videos and photos of alleged abuse for some years, but several recently posted clips, captured in the days surrounding a violence-plagued local election 9 April, have proven to be especially powerful and have helped to intensify anti-India protests.

One video shows a stone-throwing teenage boy being shot by a soldier from a few metres (yards) away. Another shows soldiers making a group of young men, held inside an armoured vehicle, shout profanities against Pakistan while a soldier kicks and slaps them with a stick. The video pans to a young boy’s bleeding face as he cries. Yet another clip shows three soldiers holding a teenage boy down with their boots and beating him on his back.

The video that drew the most outrage was of young shawl weaver Farooq Ahmed Dar tied to the hood of an army jeep as it patrolled villages on voting day. A soldier can be heard saying in Hindi over a loudspeaker, “Stone throwers will meet a similar fate,” as residents look on aghast.

For more details visit https://cis-india.org/internet-governance/news/livemint-may-4-2017-aijaz-hussain-kashmir-telecom-firms-struggle-to-block-22-banned-social-media-sites

J&K social media ban: Use of 132-year-old Act can’t stand judicial scrutiny, say experts

praskrishna — 2017-05-04T02:12:23Z

Jammu and Kashmir's social media ban: Legal experts are not convinced this is a viable order

The article by Shruti Dhapola was published in the Indian Express on April 28, 2017. Pranesh Prakash was quoted.

For residents of Jammu and Kashmir, there’s a blanket ban on social media for the next one month. This means no access to Facebook, WhatsApp, Twitter, Snapchat, Skype WeChat, YouTube, Telegram and other social networks.

As The Indian Express reported, this ‘social media ban’ was ordered by the state government after Chief Minister Mehbooba Mufti chaired a meeting of the Unified Command Headquarters in Srinagar. The total list includes 22 social media websites, and the order, a copy of which is available with The Indian Express, says this is being done “in the interest of maintenance of public order.”

The order to block the sites was issued by RK Goyal, Principal Secretary in the Home department, and cites Section 5 of Indian Telegraph Act, which “confers powers upon the Central government or the state government to take possession of license telegraphs and order stoppage of transmission or interception or detention of messages”.

The order reasons that social media sites are “being used by anti-national and anti-social elements by transmitting inflammatory messages in various forms”. It directs all ISPs to block these websites in the state of Jammu and Kashmir.

But questions are already being raised over its legality.

“This is an illegal order because the Telegraph Act and Rules, which the order cites, doesn’t give the government the power to block websites. The Telegraph Act is a colonial-era legislation first passed in 1885 in the aftermath of the Mutiny, making telegraphs a monopoly of the colonial British government, and restricting Indians’ access to communications technologies. In 1996, in the PUCL case, the Supreme Court laid down that powers to intercept or block transmission of messages cannot be exercised without procedural safeguards in place. In 2007, procedural safeguards were made for interception, but not for blocking of telegraphic communications,” points out Pranesh Prakash, Policy Director at Centre for Internet and Society.

Pavan Duggal, senior lawyer specialising in cyberlaw, concurs. “Legally, the order is not viable. This is because the IT Act applies for blocking, under Section 69 (A). Also Section 81 of the IT Act also make it clear that this is a special law, which will prevail over any other older law. The IT ACT deals with everything related to the internet.”

The IT ACT notes in Section 1, that “It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person.”

But even blocking under the IT Act isn’t something that can be ordered over night, and the powers for this rest with the central government.

“There’s a provision (69A) in the Information Technology Act which provides for blocking of specific web pages for national security reasons, but only by the Central government. The J&K government, thus can only request the Central government to block. The central government has in the past denied requests by state governments as they were unlawful requests,” Prakash said.

However, blocking of URLs or in fact complete internet shutdowns is not new in India. “This is an example of Internet manipulation by the governments world over. The first casualty of any disturbance is now the Internet and the government, even the democratic ones living under rule of law have decided that is a-okay to prevent people from communicating in the name of law and order,” said Mishi Choudhary, President and Legal Director at SFLC.in

SFLC.in has also been keeping a track of internet shutdowns in India. It has a dedicated website Internetshutdowns.in which crowd-sources information on these bans, and India has already seen seven shut internet shutdowns in first three months of 2017. For instance, in the state of Nagaland internet and mobile services were down for nearly a month from January 30 to February 20.

The issue of url blocking and internet shutdowns inevitably gets linked to one of freedom of speech. While reasonable restrictions can be imposed under Article 19 (2) of the Constitution, experts are not convinced the current order makes enough of a case to justify such a blanket ban.

“The citizens of J&K are Indian citizens and can challenge the order as violative of Article 19 (1) (a) of the Constitution, violative of right to free speech and expression,” says Choudhary.

“Any kind of blocking must conform to the Constitutional guarantees of freedom of expression, and any blocking must be legally “reasonable” for it to be acceptable as a legitimate restriction under Art.19(2). This blanket ban of 22 arbitrarily chosen service — why block QQ or WeChat, but not LinkedIn — and that too for a month, cannot be called reasonable under any circumstances,” argues Prakash.

Prakash adds that the order also raises other international concerns for India. “It also violates India’s international legal obligations under the International Covenant on Civil and Political Rights (ICCPR), whose Article 19 protects the freedom of thought, opinion and expression. Only those restrictions that are provided by law, have a legitimate aim, are necessary with less restrictive option being available, and are proportionate to the harm being address are allowed. For instance, targeting of hate speech that is calling for genocide is reasonable. But such blanket bans of communications platforms are not,” he argues.

So can the citizens challenge such an order, which puts a blanket ban on social networks? The answer is yes, as in this case this order “is legally untenable,” explains Duggal.

On the practice of blocking, he points that in today’s world it can only be seen an antiquated practice. “To give an analogy it is like fixing a leaking roof with a band-aid. It will only increase traffic to the blocked websites, and there are indirect ways to reach these sites via proxies and other tools as well,” he adds.

The orders can always be reviewed by the courts. “While the IT Act allows for blocking, it should be remembered the process is always open to judicial review. Courts have final authority, and they can examine whether the principles of law were applied when passing such a blocking order,” explains Duggal.

The affected social media websites or ISPs don’t yet have a response to this order. When we reached out, Facebook said it did not have an official comment on the ban. Mobile internet service providers Vodafone and Airtel also refused to comment.

For more details visit https://cis-india.org/internet-governance/news/indian-express-april-28-2017-shruti-dhapola-j-k-social-media-ban

India bans social media in Kashmir for one month

praskrishna — 2017-04-27T16:09:56Z

Authorities in Indian-controlled Kashmir have banned 22 social media sites including Facebook, WhatsApp and Twitter in an effort to calm tensions in the disputed region.

The article was published in the Telegraph on April 27, 2017. Pranesh Prakash was quoted.

The government said Wednesday that the one-month ban was necessary for public safety because social media were being "misused by anti-national and anti-social elements." Videos depicting the alleged abuse of Kashmiris by Indian forces fueled protests have been shown on social media in recent days.

"It's being felt that continued misuse of social networking sites and instant messaging services is likely to be detrimental to the interests of peace and tranquility in the state," the public order said.

The sites remained online Thursday as the local telecom company struggled to block them.

Pranesh Prakash, policy director for the Indian advocacy group the Center for Internet and Society, called the ban a "blow to freedom of speech" and "legally unprecedented in India."

An official with Kashmir's state-owned telecom company, Bharat Sanchar Nigam, said engineers were still working on shutting down the 22 sites, including Facebook and Twitter, but so far had been unable to do so without freezing the internet across the Himalayan region. The official spoke on condition of anonymity because he was not authorized to give technical details of the effort to the media.

Meanwhile, 3G and 4G cellphone service has been suspended for more than a week, but slower 2G service is still available.

Residents of Srinagar, the region's main city, were busily downloading documents, software and applications onto their smartphones which would likely be able to circumvent the social media block once it goes into effect. Many expressed relief to still have internet access Thursday morning.

"It was a welcome surprise," said Tariq Ahmed, a 24-year-old university student. "It appears they've hit a technical glitch to block social media en mass."

While the government has halted internet service in Kashmir in previous attempts to prevent anti-India demonstrations, this is the first time they have done so in response to the circulation of videos and photos showing alleged military abuse.

Others mocked the government. A Facebook post by Kashmiri writer Arif Ayaz Parrey said the ban showed "the Indian government has decided to take on the collective subversive wisdom of cyberspace humanity."

Indian police and paramilitary officials accuse agitators of using social media to instigate violence.

An international journalists' rights group urged Indian authorities to immediately revoke the "sweeping censorship of social media," saying it "will bring neither peace nor order" in the region.

"Such broad censorship clearly violates the democratic ideals and human rights India purports to uphold," said Steven Butler, Asia Program coordinator at the New York-based Committee to Protect Journalists.

Kashmiris have been uploading videos and photos of alleged abuse for some years, but several recently posted clips, captured in the days surrounding a violence-plagued local election on April 9, have proven to be especially powerful and have helped to intensify anti-India protests.

One video shows a stone-throwing teenage boy being shot by a soldier from a few meters (yards) away. Another shows soldiers making a group of young men, held inside an armored vehicle, shout profanities against Pakistan while a soldier kicks and slaps them with a stick.

The video pans to a young boy's bleeding face as he cries. Yet another clip shows three soldiers holding a teenage boy down with their boots and beating him on his back.

The video that drew the most outrage was of young shawl weaver Farooq Ahmed Dar tied to the hood of an army jeep as it patrolled villages on voting day. A soldier can be heard saying in Hindi over a loudspeaker, "Stone throwers will meet a similar fate," as residents look on aghast.

Protests and clashes are an almost daily occurrence in Indian-administered Kashmir, where anti-India sentiment runs deep among the mostly Muslim population after decades of military crackdowns. Disputes over control of the Kashmir region, claimed by both India and Pakistan, have sparked two wars between the nations since 1947.

For more details visit https://cis-india.org/internet-governance/news/the-telegraph-april-27-2017-india-bans-social-media-in-kashmir-for-one-month

Killing of Yameen Rasheed Reveals Worsening Human Rights Situation in the Maldives

pranesh — 2017-04-25T10:12:48Z

A courageous liberal blogger in the Maldives was murdered for his words. The international community needs to act.

The fight for freedom of expression is often abstract. On Sunday, it became personal for me: Yameen Rasheed, a courageous human rights defender and blogger in the Maldives, was brutally murdered just outside his apartment. Yameen ran the popular blog The Daily Panic in which he sought to "cover and comment upon the news, satirize the frequently unsatirizable politics of Maldives, and also provide a platform to capture and highlight the diversity of Maldivian opinion". In this blog he often ended up rubbing the powerful the wrong way, with politicians and religious bigots often finding themselves at the receiving end of his satire.

Yameen wasn't the first human rights activist to be attacked. He also led the campaign to force the police to conduct a proper investigation on the forced disappearance in August 2014 of journalist Ahmed Rilwan @moyameehaa, whom he counted as his closest friend. This campaign made him a target as well.

When there was a crackdown on the largest pro-democracy rally in Malé on 1st May 2015, Yameen became a political prisoner: he was remanded in jail for 17 days, and then moved to house arrest. Hundreds of others were also arrested then. Some opposition leaders continue to remain in jail. Sheikh Imran Abdulla, the leader of the [Adhaalath Party] who spoke at that rally, was convicted on charges of terrorism and sentenced to 12 years' imprisonment.

As a result of his advocacy for freedom of religion and freedom of expression in the Maldives, Yameen received death threats on multiple occasions that he reported to the police, who refused to do anything about those complaints.

Why, despite receiving death threats did Yameen continue to voice his opinions fearlessly? When asked, "Do you have a death wish?", he replied: "No. I have a dignified life wish."

Amnesty International has called upon the Maldivian authorities to conduct a full investigation into this killing. I, however, believe that there is no hope for justice from the very police that refused to protect Yameen, and whom he held to be complicit in the disappearance of Rilwan. As Yameen said in 2015, it is time for the international community to act. I hope each of you reading this contacts your external affairs ministry and asks them to apply pressure on the Maldivian authorities, and push for an international investigation into the breakdown of human rights in the Maldives.

For more details visit https://cis-india.org/internet-governance/blog/yameen-rasheed-human-rights-maldives

NGOs, individuals urge state CMs to curb Internet shutdown

praskrishna — 2017-04-07T02:43:39Z

Amid rising instances of Internet curbs, a group of individuals and organisations have urged the chief ministers of 12 states to only restrict specific online content rather than resort to complete shutdown.

The article was published in the Times of India on April 4, 2017.

SFLC.in, a Delhi-based not-for-profit organisation, along with various Internet-related firms have sent letters in this regard to the chief ministers of these states impacted by Internet shutdowns.

The letters have been written to the chief ministers of Uttar Pradesh, Nagaland, Manipur, Maharashtra, J&K, Jharkhand, Rajasthan, Meghalaya, Arunachal Pradesh, Bihar, Gujarat and Haryana.

"The Internet shutdowns are imposed using state power under Section 144 by these specific states and not by the Union Government. The central government is bound to follow the process under Section 69 IT act.

"These letters to the chief ministers of all 12 states, which have been affected by Internet shutdowns till date, are an effort by us to address the source of the problem," SFLC.in President and Legal Director Mishi Choudhary told .

As per Internet Shutdown tracker of SFLC, there have been 28 incidents of Internet closure in Jammu & Kashmir, 9 cases each in Gujarat and Haryana, 8 in Rajasthan, 3 Nagaland, 2 cases each in Uttar Pradesh, Bihar and Manipur and 1 incident each in Maharashtra, Jharkhand, Meghalaya and Arunachal Pradesh since 2012.

As per the tracker, far India has experienced a record number of 66 such incidents since 2012, with the number increasing more than two-fold from 14 in 2015 to 31 in 2016.

The letters sent to the chief ministers urge them to "take requisite action that would prohibit the issuance of orders that make Internet services entirely inaccessible for a particular area, and rather recommend that Section 69A and the procedure established by the rules therein be applied to limit the restriction to certain specific online content."

The signatories of the letters include the Centre for Internet and Society, Digital Empowerment Foundation, Internet Democracy Project, IT for Change and Society for Knowledge Commons, individuals like Anivar Aravind (Executive Director, Indic Project), IIT Bombay professor Kannan Moudgalya and others.

"We are hopeful that our efforts will make the government take in account the enormous effects of Internet shutdowns on the social-economic condition of our citizens and understand their plight," Choudhary said. PRS MKJ

For more details visit https://cis-india.org/internet-governance/news/times-of-india-april-4-2017-ngos-individuals-urge-state-cms-to-curb-internet-shutdown

From Virtual to Reliable: Exploring Freedom and Facts in the World of WWW (World Wide Web)

praskrishna — 2017-03-29T04:01:25Z

An interactive seminar on internet freedom was organized by the Embassy of the Kingdom of Netherlands and Adaan Foundation on March 21, 2017 at the India International Centre in New Delhi. Saikat Dutta and Amber Sinha were panelists.

The seminar was coincident with the inauguration of the World Press Photo Exhibition 2016. In total there were four panelists. Read the agenda here.

For more details visit https://cis-india.org/internet-governance/news/from-virtual-to-reliable-exploring-freedom-and-facts-in-the-world-of-www-world-wide-web

Other Than Women: Exploring Harassment and Difference Online

praskrishna — 2017-03-27T16:11:30Z

A satellite session at RightsCon in Brussels is being organized by the Tactical Technology Collective on March 28, 2017. Rohini Lakshané is a speaker at this event.

Tactical Tech is interested in the problem of online harassment as a barrier to political participation in quantified societies, and in terms of the harm it causes those targeted. We have been working to customise tactics of resistance and support to communities/individuals who are working online and are exposed to, or are at risk of, harassment.

This Satellite Session at Rightscon is fashioned as an intervention into ongoing advocacy, research, and practical support efforts, and seeks to interrogate a wide range of possible framings of (as well as responses to) online harassment.

For more info, click here

For more details visit https://cis-india.org/internet-governance/news/other-than-women-exploring-harassment-and-difference-online

Fake News, Rumors & Online Content Regulation

praskrishna — 2017-02-28T02:46:13Z

Medianama and Mint organized #NAMApolicy open house on 'Fake News, Rumors & Online Content Regulation' on February 22, 2017 at the India Habitat Centre. Japreet Grewal and Amber Sinha attended the event.

The discussions broadly covered the impact of Fake News on democratic processes, Legal status of online content regulation in India & administrative challenges with Fake News, Responsibility and accountability of online platforms, while addressing challenges of identification of sources of Fake News, Potential legal and non-legal ways of addressing Fake News, etc.

Agenda

06:30 to 07:00 pm - Registration
07:00 to 07:10 pm - Introductory note
07:10 to 09:00 pm - Round-table discussion moderated by Nikhil Pahwa
09:00 pm onwards - Networking dinner

For more details visit https://cis-india.org/internet-governance/news/fake-news-rumors-online-content-regulation

Rankathon on Digital Rights (Delhi, January 08)

amber — 2016-12-29T07:10:09Z

Please join us on Sunday, January 08, at the CIS office in Hauz Khas, Delhi, for a rankathon to visualise, and contribute to the findings of the Ranking Digital Rights study, and critique the underlying methodology. The event will begin at 10:00 in the morning and participants can focus on one or more of three kinds of tasks: 1) visualising the CIS and Ranking Digital Rights data, 2) evaluating additional companies using the RDR methodology, and 3) evaluating the RDR methodology and its suitability for independent use.

Download: Invitation (PDF)

The Ranking Digital Rights Corporate Responsibility Index is a project hosted by the Open Technology Institute at New America Foundation that aims to rank Information and Communications Technology (ICTs) companies with respect to their Governance, Freedom of Expression, and Privacy practices. The inaugural Corporate Accountability Index, released in November 2015, evaluated 16 companies based on the project’s methodology that included 31 indicators in total.

Towards developing an understanding of how Indian ICT companies are recognising and upholding digital rights of their users, and to raise public awareness about the same, the Center for Internet and Society (CIS), with the support of Privacy International, has studied 8 Indian ICT companies, using the same methodology as the 2015 Corporate Accountability Index, to gain greater insight into company practices and initiate public dialogues.

visualising the CIS and Ranking Digital Rights data,
evaluating additional companies using the RDR methodology, and
evaluating the RDR methodology and its suitability for independent use.

The event is open to all but the venue has limited space. The participants are requested to RSVP by sending an email to nisha@cis-india.org. The final date for registering for the event is January 04.

All visualisations and other outputs produced at the event will be published under open licenses. All participants are expected to bring their own laptop or any other items needed for their work. CIS will offer data, help with understanding how the Ranking Digital Rights methodology work, refreshments, and any other support as needed.

We are also organising a discussion event on Saturday, January 07, at the India Islamic Cultural Centre, Delhi, to present our findings on digital rights practices of 8 Indian ICT companies, followed by an open structured discussion on the methodology of the Ranking Digital Rights study. Please find more details about this here.

We look forward to your participation and contribution to the discussion. Please support us by sharing this invitation with your colleagues and networks.

For more details visit https://cis-india.org/internet-governance/events/rankathon-on-digital-rights-delhi-jan-08-2017